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We received a final draw request from our contractor for a rennovation project at our home. According to the contract, we have 10 days to review the draw and pay. Our contractor has been very sketchy along the way, and I asked for more time to review receipts and records, as I was noticing double billing etc on this last request. It has taken me more than 10 days, and I have given the contractor (in writing) notification that I have some disputes, and needed some more time. I have found overbilling, double billing etc, all documented. We are now at day 11 since receiving the draw. Today he filed a lien on our home, despite his knowledge that his bill was in dispute. We still have punch list items that are not complete. Can he legally do this?????
State/Country relating to Question: Florida Already Tried: Just found out about 2 hours ago.
Yes, it is legal for a contractor to attach a lien (called construction lien lien) to ensure his rights for payment are protected for services and/or materials supplied. This is permissible under Florida Chapter 713. A Claim of Lien must be recorded within ninety (90) days from the date the lienor last furnished labor or materials to the project for the lien to be enforcible.http://www.myfloridalicense.com/dbpr/pro/cilb/documents/florida_lien_law.pdf
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